I have a divorce court order that is more than three years old. The amount that we agreed upon for child support is much less than of what I would pay if we used the guidelines. We agreed to a “lower” child support payment for a variety of legitimate reasons that are in effect still today. My ex wife has voluntarily resigned from her position to pursue a Ph.D and wants to take me to court to get the current guideline amount using a variety of reason, one being the 3 year 15% thing.
My question is…I read a lot about needing to prove a change in circumstance and I do feel like I have a good case that her changes are voluntary and this is frivolous. However, I also have read that if a court order is greater than 3 years old and difference of child support under the guidelines and what is currently being paid is greater than 15%, then Child Support can be reviewed automatically. But I also read on this site about “Thomas V Thomas” where the original amount of child support wasn’t calculated on the guidelines so a change in circumstance based upon the what the payment should be via the guidelines didn’t apply.
Bottom line… we spent lots of money, hours and emotional time coming to an agreement that did not follow the guidelines. Can she take me to court based solely on the 3 years and 15% and nothing else?